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Robert Rosette, Esq. Monteau & Peebles LLP 1001 Second Street

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Robert Rosette, Esq. Monteau & Peebles LLP 1001 Second Street Robert Rosette, Esq. Monteau & Peebles LLP 1001 Second Street Sacramento, California 95 8 14 Dear Mr. Rosette: This letter responds to the Altwas Indian Rancheria's request to the National Indian Gaming Commission (NIGC) to review and approve the Rancheria's Tribal Gaming Ordinance. The Rancheria Business Committee approved the Ordinance by Resolution No. 2003-002, on February 15, 2003. This letter constitutes such approval under the Indian Gaming Regulatory Act (IGRA). It is important to note that the gaming ordinance is approved for gaming only on Indian lands, as defined in the IGR4, over which the Tribe has jurisdiction. the ordinance for review and approval. The NIGC staff with you and the Alturas Indian Rancheria on future NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 W.NlGC.GOV REGIONAL OFFICES Portland. OR: Sacramento, CA; Phoenix, AZ; St. Paul. MN;Tulsa. OK ALTURAS RANCHER Alturas, CA 96 10 1 BUSINESS COMMITTEE RESOLUTION NO. 2003-002 Subject: Adoption of the Alturas Indian Rancheria Tribal Gaming Ordinance WHEREAS, the Alturas Indian Rancheria is a sovereign federally recognized tribe as established pursuant to Article IV of the Constitution duly enacted by the Alturas Indian Rancheria; and WHEREAS, pursuant to Article VII of the Alturas Indian Rancheria' Constitution, the Business Committee has the power promulgate all ordinances, resolutions or other enactments of the Alturas Rancheria; and WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of the Business Committee; and WHEREAS, The Alturas Indian Rancheria has considered at a duly called Business Committee Meeting the content of the Alturas Indian Rancheria Gaming Ordinance of 2003; and WHEREAS, the Business Committee has determined that it is in its best interest to adopt such Ordinance, including each Titles as listed below: Title I Regulation of Class I1 and Class I11 Gaming Title I1 Tribal Environmental Code for Class 111 Gaming Title I11 Adoption of Federal Occupational Safety and Health Standards for the Class I11 Gaming Facility Title IV Adoption of the Americans with Disabilities Act Relative to Class I11 Gaming Facilities Title V Adoption of the FDA 1999 Food Code for the Class I11 Gaming Facility Title VI Adoption of Federal Safe Drinking Water Standards for the Class I I1 Gaming Facility Title VII Adoption of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, Uniform Electrical Code and other Relevant Building and Construction Standards for Development of a Class I11 Gaming Facility NOW THEREFORE, BE IT RESOLVED, that the Alturas Indian Rancheria Business Committee agrees to adopt the aforesaid Ordinance, and the Tribal Chairperson is authorized to execute all documents necessary to implement this Resolution. CERTIFICATION This will certify that the foregoing Resolution No. 02-2003 was considered at a meeting of the Business Committee of the Alturas Indian Rancheria, duly called on the IS& day of ?kbT ,2003, and was adopted by a vote of 3 for, against, and -& abstenti s. A quorum of 3 was present. Dated this IS* day of %f-u ,2003 &,A@&&-) Wendy Del ~4a,Chairperson ATTEST: TRIBAL GAMING ORDINANCE OF THE ALTURAS INDIAN RANCHERIA 1% ' -I L) - TITLE I REGULATION OF CLASS I1 AND CLASS I11 GAMING A law to authorize, license and regulate the conduct of Class II and Class III Gaming within the jurisdiction of the AL TURAS INDIAN RANCHERIA. SECTION 1 FINDINGS, INTENT AND POLICY 1.1 Findings The ALTURAS INDIAN RANCHERIA ("Tribe" or "Tribal") Business Committee on behalf of the General Council finds that: 1.1.1 Tribal regulation and control of Gaming within the jurisdiction of the Tribe is essential for the protection of public health and welfare of the Tribe and visitors to the Tribal community. 1.1.2 The Tribe has the legal authority to license and regulate any Gaming Activity within the jurisdiction of the Tribe. 1.1.3 Properly licensed and regulated Gaming are in conformance with announced Federal policy promoting Indian self-government and Indian Tribal economic self-sufficiency. 1.1.4 It is essential that the Business Committee regulate Gaming in a manner commensurate with applicable Federal, State of California ("State") and Tribal law and policy. 1.1.5 The present needs of the Tribe are not adequately addressed by State and Federal programs including the need for increased employment, training, housing, health care, nutrition, educational opportunities, preservation of culture, social services and community and economic development. 1.1.6 Tribal operation and licensing of Gaming is a legitimate means of generating revenue to address the aforementioned needs and pursuing the Tribe's goal of self-sufficiency and self-determination. 1.1.7 The State, in recognition of the Tribe's sovereign right and need for Gaming, has entered into a TribalIState Compact ("Compact") pursuant to the terms and conditions of the Indian Gaming Regulatory Act. 1.1.8 As a result of the foregoing, the adoption of a new and expanded Gaming Ordinance is in the best interest of the Tribe and State. 1.2 Intent The Business Committee, on behalf of the Tribe, declares that the intent of this Code is to: 1.2.1 Regulate, control, and oversee Gaming within the jurisdiction of the Tribe. 1.2.2 State, declare and otherwise clarify that a License related to Gaming is a revocable privilege, not a right. 1.2.3 Ensure that the operation of Tribally regulated Gaming can continue as a means of generating Tribal revenue. 1.2.4 Ensure that Gaming is conducted fairly and honestly by both Licensees and players, and that it remain fiee from corrupt, incompetent, unconscionable and dishonest practices. 1.2.5 Encourage Tribal economic development and employment opportunities. 1.2.6 Ensure that all Gaming revenue is used for the benefit of the Tribe and its community. 1.2.7 Ensure that the Tribe provides a fair and impartial forum for the resolution of Gaming disputes. 1.2.8 Ensure that Tribal Gaming laws are strictly and fairly enforced upon Persons involved in Gaming Activity within the jurisdiction of the Tribe. 1.3 Policy 1.3.1 Tribal Policy of Self-Government The Tribe is firmly committed to the principle of Tribal self-government. Consistent with Federal policy, Gaming revenues shall be utilized and expended by the Business Committee by resolution and only for the following purposes: (1) To hnd Tribal government operations or programs. (2) To provide for the general welfare of the Tribe and its members. (3) To promote Tribal economic development. (4) To donate to charitable organizations. (5) To preserve and protect cultural and historic resources. (6) To help to hnd operations of local government agencies, general governmental services, the maintenance of peace and good order, the establishment of educational systems and programs, and the promotion and regulation of economic activities within the sovereign jurisdiction of the Tribe. 1.3.2 Tribal Gaming Policy The establishment, promotion and operation of Gaming is necessary, provided that such Gaming is regulated and controlled by the Tribe pursuant to the TribalIState Compact authorized by the Indian Gaming Regulatory Act, and that the revenues of such Gaming are used exclusively for the benefit of the Tribe. 1.3.3 Tribal Ownership of Gaming Facility The Tribe shall have sole proprietary interest in and responsibility for the conduct of Gaming Facilities andlor Enterprises authorized by this Code. 1.3.4 Tribal Class I1 Gaminn Authorized Class I1 Gaming is authorized as defined in the IGRA, P.L. 100-447, 25 U.S.C. Section 2703(7)(A) and by regulations promulgated by the NIGC. 1.3.5 Tribal Class I11 Gaming Authorized Class 111 Gaming is authorized and permitted only to the games identified pursuant to Section 4.1 of the Tribalistate Compact as approved by the Secretary of the Interior, and played in accordance within the definitions and scope of the IGRA, P.L. 100-447, 25 U.S.C. Section 2703(8) and by regulations promulgated by the NIGC. SECTION 2 DEFINITIONS In this Code, except where otherwise specifically provided or the context otherwise requires, the following terms and expressions shall have the following meanings: 2.1 "Adjusted Gross Revenues" means gross revenues less all cash prizes or the aggregate price of merchandise prizes, except in the case of the games of draw poker and stud poker. Regarding games of draw poker and stud poker, "adjusted gross revenues" means the time buy-ins or tournament fees collected by the Licensee. 2.2 "Applicant" means any Person or entity who has applied for a License under the provisions of this Code. 2.3 "Application" means a request for the issuance of a License for employment by a Gaming Facility, or for approval of any act or transaction for which approval is required or permitted under the provisions of this Code. "Association" means representatives from California tribes, the California State Division of Gaming Control and the California Gambling Control Commission as established pursuant to Section 2.2 of the Compact. "Bingo" means the game of chance commonly known as bingo (whether or not electronic, computer or other technologic aids are used in connection therewith) which is played for prizes, including monetary prizes, with cards bearing numbers or other designations, in which the holder of each card covers such numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined, and in which the game is won by the first Person covering a previously designated arrangement of numbers or designations on such cards, including (if played in the same location) pull-tabs, lotto, punch boards, tip- jars, instant bingo and other games similar to bingo.
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